도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. On April 14, 2018, the Defendant violated the Road Traffic Act (free license) driving of the NA at approximately 350km section from the front side of Pyeongtaek-si to the front side of Ulsan-dong, Ulsan-dong, without obtaining a driver’s license on April 14, 2018.
2. Around 22:30 on April 14, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) was required to take a alcohol alcohol test on three occasions on the grounds that there are reasonable grounds to recognize that the Defendant driven the said negative driver’s vehicle under the influence of alcohol, such as the flow of alcohol, smelling, faceing, red, and e.g., a driving of the said negative driver’s vehicle under the influence of alcohol at the front parking lot of Ulsan-dong Police Station D District Unit of the Ulsan-dong Police Station D District Unit of the Ulsan-dong Police Station, Ulsan-dong, Ulsan-dong,
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following factors of sentencing are comprehensively considered: Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and other factors of sentencing under Article 51 of the Criminal Act as indicated in the records of the instant case, such as the circumstances after the crime.
Sentencing elements that are favorable to the defendant: The factors of sentencing that are unfavorable to the defendant's mistake: The fact that the defendant has been sentenced to a fine in the last four years.